NISHA S KUMAR Vs. SHAILESH KUMAR

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 31.01.2015 passed on I.A.No.16 in M.C.No.226/2012.

(2.) The relationship between the parties is not in dispute. The petitioner herein is the wife of the respondent. The respondent has filed a petition in M.C.No.226/2012 seeking dissolution of marriage solemnized between the petitioner and the respondent by invoking Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955 ('the Act' for short). In the said proceedings, the petitioner herein having filed the objection statement to the petition has raised a counter claim as provided under Section 23(A) of the Act seeking restitution of conjugal rights under Section 9 of the Act.

(3.) In that light, the petitioner contends that in order to controvert the case as put forth by the respondent before the Court below and also to establish the case of the petitioner herein seeking for restitution of conjugal rights, the documents as sought in I.A.No.16 are necessary and as such, the application under Order XI Rule 12 R/w Section 151 of CPC was filed. The respondent herein objected to the said application. It is in that view, the Court below after taking into consideration the rival contentions has passed the order dated 31.01.2015 which is impugned herein.